Namdar v Tesco Stores Ltd [2024] EW Misc 10 (CC) (09 February 2024)

Namdar v Tesco Stores Ltd [2024] EW Misc 10 (CC) (09 February 2024)

The court found, based on admissions, expert evidence, and similar fact evidence, that the accident was deliberately staged as part of a large-scale conspiracy to defraud Tesco. Mr Namdar knowingly participated, made fraudulent representations, and induced Tesco to make payments. The scale and organisation of the fraud justified an award of exemplary damages above the sum sought by Tesco, to deter such conduct and reflect the seriousness of the conspiracy.

Citation
[2024] EW Misc 10 (CC)
Parties
Claimant: Mohamed Namdar; Defendant / Part 20 Claimant: Tesco Stores Limited; Part 20 Defendant: Manish Parmar
Jurisdiction
England and Wales
Judgment Date
09 February 2024
Procedural Posture
Civil Tort (deceit, Conspiracy, Fraud) / Assessment of Damages After Judgment on Counterclaim
Outcome
Judgment for Tesco Stores Limited on assessment of damages for deceit and conspiracy.
Legal Topics
Deceit, Unlawful Means Conspiracy, Fraudulent Claims, Exemplary Damages, Personal Injury, Credit Hire Fraud
Tort Law Civil Procedure Insurance Law Deceit Unlawful Means Conspiracy Fraudulent Claims Exemplary Damages Personal Injury +1 more

Case Brief

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Parties

Mohamed Namdar

Claimant

Tesco Stores Limited

Defendant / Part 20 Claimant

Manish Parmar

Part 20 Defendant

Procedural Posture

Civil Tort (deceit, Conspiracy, Fraud) / Assessment of Damages After Judgment on Counterclaim

Legal Issues

  1. 1 Whether the accident was staged as part of a conspiracy to defraud Tesco
  2. 2 Whether Tesco is entitled to recover damages for deceit and conspiracy
  3. 3 Whether exemplary damages should be awarded and in what amount

Ratio Decidendi

The court found, based on admissions, expert evidence, and similar fact evidence, that the accident was deliberately staged as part of a large-scale conspiracy to defraud Tesco. Mr Namdar knowingly participated, made fraudulent representations, and induced Tesco to make payments. The scale and organisation of the fraud justified an award of exemplary damages above the sum sought by Tesco, to deter such conduct and reflect the seriousness of the conspiracy.

Court Disposition

Judgment for Tesco Stores Limited on assessment of damages for deceit and conspiracy.

Orders

  • Mr Namdar to pay Tesco £22,330 (interim outlay)
  • Mr Namdar to pay Tesco £1,449.82 (compensatory element, 50%)